Motion for Preliminary Approval of the Settlement. Following the execution 13 of the Settlement Agreement by all parties, Class Counsel shall prepare and file a motion 14 requesting preliminary approval of the Settlement, and authorizing dissemination of notice to the 15 Class. The motion for preliminary approval shall include a proposed form of order in the form 16 substantially as in Exhibit C hereto: 17 (a) requesting preliminary approval of the Settlement as fair, reasonable, and adequate 18 within the meaning of Fed. R. Civ. P. 23, and finding that dissemination of notice to the End-Payor Class is warranted;
Motion for Preliminary Approval of the Settlement. Plaintiffs shall draft a motion for preliminary approval of the Settlement and all necessary supporting documents, which shall be consistent with this Settlement Agreement and which Duke University shall have a right to review and approve (which approval shall not be unreasonably withheld). Duke University may suggest revisions, which Plaintiffs agree to consider in good faith, as long as Duke University provides its suggested revisions or comments within seven (7) business days of having received any such document or documents from Plaintiffs, or such other time as the Settling Parties may agree. Unless the Settling Parties agree otherwise, Plaintiffs will file the motion for preliminary approval with the Court no later than 45 days after the execution of this Settlement Agreement. Duke University understands and accepts that Plaintiffs may file for preliminary approval of this Settlement jointly with other settlements in this Action. Nothing in this Settlement Agreement shall prevent Plaintiffs from consummating settlements with other Defendants in this Action or from including such settlements as part of a joint preliminary approval motion. The motion for preliminary approval shall include a proposed form of order substantially similar to Exhibit A, including:
Motion for Preliminary Approval of the Settlement. The parties may disclose the fact that they have entered a settlement agreement as reasonably necessary, however, the parties agree not to disclose to any person or entity, including but not limited to any other plaintiff or defendant in the Action, the terms of this Settlement until the Settlement Agreement is submitted to the Court for preliminary approval, unless required by law or regulation or agreed to in writing by the Settling Parties. As soon as is possible and in no event later than 30 business days after the date of this Settlement Agreement, Lead Counsel and Settlement Class Counsel shall submit to the Court, and Settling Defendant shall assent to and will assist as necessary, a motion requesting preliminary approval of the Settlement, and authorizing dissemination of Notice to the Settlement Class, and seeking entry of an Order Preliminarily Approving Class Settlement. Settling Defendant shall have the opportunity to review and approve the preliminary approval motion and exhibits before the motion is filed. The motion shall:
Motion for Preliminary Approval of the Settlement. As previously directed by the Court, Plaintiffs shall submit to the Court – and Defendants shall support – a motion (the “Motion”) requesting entry of an order certifying the Direct Purchaser Class, preliminarily approving the settlement, and authorizing dissemination of notice to the Direct Purchaser Class (the “Preliminary Approval Order”). The Motion shall:
Motion for Preliminary Approval of the Settlement. As soon as possible and in no event later than 20 days after the date of execution of this Settlement Agreement, XXXx shall submit to the Court—and Novartis shall not oppose in any court, including on appeal—a motion (the “Preliminary Approval Motion”) requesting entry of an order preliminarily approving this Settlement, and authorizing dissemination of notice to the End-Payor Class (the “Preliminary Approval Order”) substantially in the form of Exhibit A hereto. The Preliminary Approval Motion shall, inter alia:
Motion for Preliminary Approval of the Settlement. As soon as possible and in no event later than twenty (20) business days after the date of execution of this Settlement Agreement (or earlier if required by the Court), Plaintiffs and the Direct Purchaser Classes shall submit to the Court, and Ranbaxy shall support, a motion seeking entry of an order preliminarily approving the Settlement substantially in the form of Exhibit A hereto (the “Preliminary Approval Order”)—
Motion for Preliminary Approval of the Settlement. The parties may disclose the fact that they have entered a settlement agreement as reasonably necessary, however, the parties agree not to disclose to any other person or entity, including but not limited to any other plaintiff or defendant in the Action, the terms of this Settlement until the Settlement Agreement is submitted to the Court for preliminary approval, unless required by law or regulation or agreed to in writing by the Settling Parties. As soon as is possible and in no event later than 30 business days after the date of this Settlement Agreement, Lead Counsel and Settlement Class Counsel shall submit to the Court, and Settling Defendant shall assent to and will assist as necessary, a motion preliminarily approving the Settlement, including, as part of that motion, a motion to require non-settling defendants to provide, confidentially, the names and addresses of its direct purchaser customers that purchased the Named Generic Drugs during the Settlement Class Period to assist in the provision of notice of this Settlement to Settlement Class members upon preliminary approval, and authorizing dissemination of Notice to the Settlement Class, and seeking entry of an Order Preliminarily Approving Class Settlement. Settling Defendant shall have the opportunity to review and approve the preliminary approval motion and exhibits before the motion is filed. The motion shall:
Motion for Preliminary Approval of the Settlement. Plaintiffs shall draft a motion for preliminary approval of the Settlement and all necessary supporting documents, which shall be consistent with this Settlement Agreement and which Rice University shall have a right to review and approve (which approval shall not be unreasonably withheld). Rice University may suggest revisions, which Plaintiffs agree to consider in good faith, as long as Rice University provides its suggested revisions or comments within seven (7) business days of having received any such document or documents from Plaintiffs, or such other time as the Settling Parties may agree. Unless the Settling Parties agree otherwise, Plaintiffs will file the motion for preliminary approval with the Court no later than 45 days after the execution of this Settlement Agreement. Rice University understands and accepts that Plaintiffs may file for preliminary approval of this Settlement jointly with other settlements in this Action. Nothing in this Settlement Agreement shall prevent Plaintiffs from consummating settlements with other Defendants in this Action or from including such settlements as part of a joint preliminary approval motion. The motion for preliminary approval shall include a proposed form of order substantially similar to Exhibit A, including: a) requesting preliminary approval of the Settlement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23, and finding that dissemination of notice to the Class is warranted;
Motion for Preliminary Approval of the Settlement. Within fourteen (14) days of the execution of this Settlement Agreement, End-Payor Plaintiffs shall file with the Court an unopposed motion for preliminary approval of the Settlement. That motion shall request the entry of a preliminary approval order substantially in the form of Exhibit A hereto (the “Preliminary Approval Order”), providing for: (i) the preliminary approval of the Settlement set forth in this Settlement Agreement because it is in the range of what is fair, reasonable, and adequate, and in the best interests of the End-Payor Classes; (ii) preliminary approval of the plan for allocation of the Settlement Fund (“Allocation Plan”); (iii) approval of the notice and proposed notice plan; (iv) a schedule for providing Pfizer and the Court with a complete list of any End Payors who opt out or seek exclusion from the End-Payor Classes and for a hearing by the Court after the notice period has expired to approve the Settlement and to consider Co-Lead Counsel’s applications for attorneys’ fees, reimbursement of costs and expenses, and service awards as set forth in this Settlement Agreement (“Fairness Hearing”); (v) a stay of all proceedings in the End-Payor Class Action against Pfizer until such time as the Court renders a final decision regarding approval of the Settlement; (vi) certification of the End-Payor Classes, as defined in Paragraph 1, for purposes of settlement; (vii) appointment of a notice and claims administrator; and (viii) appointment of an escrow agent. After the Court preliminarily approves the Settlement, End-Payor Plaintiffs shall, in accordance with the Preliminary Approval Order, provide End-Payor Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form approved by the Court. Co-Lead Counsel will recommend notice to the Classes according to the notice plan submitted by the claims and notice administrator, which shall provide for the best notice practicable to the Classes, including notice by publication to consumers and individual notice to third-party payor Class Members who can be identified with reasonable effort.
Motion for Preliminary Approval of the Settlement. No later than five (5) days after the Execution Date, Class Counsel shall (a) move for preliminary approval of the Settlement Agreement and conditional certification of the Settlement Class (the “Motion for Preliminary Approval of the Settlement”), and (b) file the Settlement Agreement as an exhibit to the Motion for Preliminary Approval of the Settlement. Simultaneously, the Class Representatives will move for class certification pursuant to Fla. R. Civ. P. 1.220(b)(3) for purposes of the Settlement.
